Judicial Activism vs. Judicial Restraint

Judicial Philosophies ** Judicial Activism = liberal Court should play active role in determining policies Loose interpretation of Constitution Should set precedents

Judicial Philosophies ** Judicial Restraint = conservative Court should avoid political and social questions Strict interpretation of Constitution Should not seek to set precedents ** Conservative and liberal not set in stone for justices, necessarily.

Philosophy and Opinions After decision is made, justices writes formal opinion Explains decisions and how they voted Issues of the case, precedents, guidelines for future cases Three types: Majority: decision of 5+ Concurring: voted with majority but for different reasons than majority opinion Minority/Dissenting: vote against (4 or less)

Factors that Influence SCOTUS decisions 1. Precedents: stare decisis (let the decision stand) most SCOTUS cases are based on precedents from earlier cases Sometimes precedents are overturned Example: Plessy v. Ferguson and Brown v. BOE

Factors that Influence SCOTUS decisions 2. Judicial Philosophy Judicial Activism or Restraint?

Factors that Influence SCOTUS decisions 3. Public Opinion Even though they are an Independent Branch Appointed for life Control own schedule (writ of cert) Limited public access (no media, unless given permission) They are still influenced… Appointed and confirmed, so their decisions and ideology matter Constitution can be amended Congress can change jurisdiction Congress can change number of justices Justices can be impeached Sensitive to important issues of the nation (in other words, they’re human too!)